§ 20-606 Records.

   a.   Every person duly registered pursuant to the provisions of this subchapter shall maintain a book or register in which the following information shall be kept:

      1.   The name and address of every person for whom weighing or measuring devices are repaired;

      2.   The name and address of every person to whom a repaired, rebuilt, or used weighing or measuring device has been sold or delivered.

   b.   Such books shall be open for inspection at all reasonable times to any police officer, inspector or person duly authorized by the commissioner, or by any judge of the criminal court of the city of New York.

§ 20-607 Comparison of testing equipment.

All persons dealing in, trading in, selling, receiving or repairing condemned, rebuilt or used weighing or measuring devices, shall submit their testing equipment at least once a year, to the testing station of the department for comparison and calibration with the prime standards maintained by such department, after which the department shall issue to such person a statement or certificate of its findings.

§ 20-608 Violations.

Any person violating any of the provisions of this subchapter, upon conviction thereof, shall be fined a sum of not more than one hundred dollars for each offense, or by imprisonment not exceeding ten days, or by both, and, in the discretion of the commissioner, shall be liable to have his or her permit suspended, revoked or cancelled.

Subchapter 2: Powered Mobility Devices

Editor's note: Former Subchapter 2 (Charcoal) was repealed by L.L. 2021/080, 7/18/2021, eff. 11/15/2021. For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

§ 20-609 Definitions .

For purposes of this subchapter, the following terms have the following meanings:

   Powered bicycle. The term "powered bicycle" means a bicycle with electric assist as defined in section 102-c of the vehicle and traffic law.

   Powered mobility device. The term "powered mobility device" means an electric scooter as defined in section 114-e of the vehicle and traffic law or successor provision or other personal mobility device powered by a lithium-ion or other storage battery. The term does not include powered bicycles, wheelchairs or other mobility devices designed for use by persons with disabilities, or any vehicle that is capable of being registered with the New York State Department of Motor Vehicles.

   Stock keeping unit. The term "stock keeping unit" means each group of items offered for sale of the same brand name, quantity of contents, retail price and variety.

(L.L. 2023/039, 3/20/2023, eff. 9/16/2023)

Editor's note: Former § 20-609 (Charcoal) was repealed by L.L. 2021/080, 7/18/2021, eff. 11/15/2021. For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

§ 20-610 Sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries for such devices .

   a.   No person shall distribute, sell, lease, rent or offer for sale, lease or rental a powered bicycle unless:

      1.   The electrical system for such bicycle has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2849, or such other safety standard as the department has established by rule in consultation with the fire department; and

      2.   Such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (i) on packaging or documentation provided at the time of sale for such powered bicycle; or (ii) directly on such powered bicycle or the battery of such bicycle.

   b.   No person shall distribute, sell, lease, rent, or offer for sale, lease, or rental, a powered mobility device unless:

      1.   The electrical system for such powered mobility device has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2272, or such other safety standard as the department has established by rule in consultation with the fire department; and

      2.   Such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (i) on packaging or documentation provided at the time of sale for such powered mobility device; or (ii) directly on such powered mobility device or the battery of such device.

   c.   No person shall distribute, sell, lease, rent or offer for sale, lease or rental a storage battery for a powered bicycle or powered mobility device unless:

      1.   Such storage battery has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2271, or such other safety standard as the department has established by rule in consultation with the fire department; and

      2.   Such certification, or the logo, wordmark, or name of such accredited testing laboratory is displayed: (i) on packaging or documentation provided at the time of sale for such storage battery; or (ii) directly on such storage battery.

   d.   No powered bicycle or powered mobility device, or storage battery for a powered bicycle or powered mobility device, shall be required to display the certification or the logo, wordmark, or name of an accredited testing laboratory as required by subdivision a, b, or c of this section if such powered bicycle, powered mobility device, or storage battery: (i) is being sold or leased second-hand, or is being rented; and (ii) does not include packaging, or does not include printed documentation, at the time of distribution, sale, lease, rental or offer for sale, lease or rental, as applicable.

   e.   No person shall distribute, sell, lease, rent or offer for sale, lease or rental a powered bicycle, powered mobility device, or storage battery for a powered bicycle or powered mobility device online unless the certification, or the logo, wordmark, or name of such accredited testing laboratory is displayed on the online product listing page.

   f.   A person who violates this section, or any rule promulgated thereunder, is liable for a civil penalty as follows:

      1.   For the first violation, a civil penalty of zero dollars; and

      2.   For each subsequent violation of subdivision a, b or c of this section issued on a different day within two years of the date of a first violation, a civil penalty of not more than two thousand dollars; and

      3.   For each subsequent violation of subdivision e or h of this section issued on a different day within two years of the date of a first violation, a civil penalty of not more than five hundred dollars.

   g.   Each failure to comply with this section with respect to any one stock keeping unit constitutes a separate violation.

   h.   Records. Any person who distributes, sells, leases, rents, or offers to sell, lease or rent a powered bicycle, powered mobility device, or storage battery for a powered bicycle or powered mobility device shall maintain proof of certification that each such bicycle, device, or battery complies with under this section. All records required by this subdivision or by the commissioner by rule shall be maintained for three years and shall be made available to the department or the fire department electronically upon request, consistent with applicable law and in accordance with rules promulgated hereunder and with appropriate notice.

   i.   The commissioner, or the fire commissioner, after providing notice and an opportunity to be heard, shall be authorized to order the sealing of any premises where any person has been found:

      1.   to have violated this section on at least three occasions within a three-year period; or

      2.   to have violated any rule promulgated pursuant to this section, on at least three occasions within a three-year period.

   j.   Any authorized officer or employee of the department, or of the fire department, shall have the power to enforce this section or any rule promulgated pursuant to this section.

(L.L. 2023/039, 3/20/2023, eff. 9/16/2023; Am. L.L. 2024/050, 3/29/2024, eff. 9/25/2024)

Editor's note: Former § 20-610 (Punishment) was repealed by L.L. 2021/080, 7/18/2021, eff. 11/15/2021. For related unconsolidated provisions, see Appendix A at L.L. 2021/080 and L.L. 2024/050.